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As addressed in a prior post, one often-forgotten consideration in many mergers and acquisitions is the federal Worker Adjustment and Retraining Notification Act of 1988 (WARN Act), which generally requires covered employers...more
The media companies Paramount Global and CBS Interactive, Inc., are facing a class-action lawsuit in federal court over recent layoffs, which allegedly occurred without the proper warning. The outcome of the case may shed...more
The New York State Department of Labor (“NYS DOL”) issued updated regulations under the New York State Worker Adjustment and Retraining Notification (WARN) Act (“the Act”), which requires covered employers to provide 90 days’...more
Compliance with the New York Worker Adjustment and Retraining Notification (NY WARN) Act just got harder (again). On June 21, 2023, the New York Department of Labor’s amendments to the NY WARN regulations took effect and some...more
In a recent decision, the Second Circuit Court of Appeals overturned a district court’s ruling that an employer was not subject to the Worker Adjustment and Retraining Notification Act and New York Labor Law § 860 (the WARN...more
On January 10, 2023, Governor Philip D. Murphy signed into law S3162 / A4768, which makes the 2020 amendments to NJ WARN effective 90 days from his signature, irrespective of whether a State of Emergency still exists....more
Another period of financial uncertainty is looming. Considering recent mass layoffs in the tech industry, rising inflation, and other economic challenges that are projected to surface during the coming months, savvy...more
In the first such decision from a federal appellate court, the U.S. Court of Appeals for the Fifth Circuit has ruled the COVID-19 pandemic is not a “natural disaster” that exempts employers from providing advance notice of...more
To say that COVID-19 has presented numerous challenges to employers would certainly be an understatement. One of the changes and challenges that has entered the workforce is the proliferation of work-from-home arrangements. ...more
The federal Worker Adjustment and Retraining Notification (WARN) Act requires employers to provide employees with 60 days advance notice of a plant closing or mass layoff. On Tuesday in an unreported decision, the Fourth...more
The Worker Adjustment and Retraining Notification (WARN) Act requires covered employers to provide employees with 60 days’ advance notice of a facility closing or mass layoff. However, WARN only applies to companies with at...more
The Worker Adjustment and Retraining Notification (WARN) Act is a federal law that requires employers to provide advance notice to their workforce in the event of a qualified plant closing or mass layoff. With certain...more
On November 11, 2020, Governor Andrew Cuomo signed into law Assembly Bill A10674a. The legislation, which took effect immediately, amended the New York Worker Adjustment and Retraining Notification (WARN) Act by substantially...more
Back in the spring, when COVID-19 first forced the shutdown of many businesses, did your company temporarily furlough or lay off workers? If so, pay attention to that calendar, as six months may be rapidly approaching....more
It took less than a month for the plaintiffs’ bar to seize upon what is likely to be the first of many COVID-19-related class action lawsuits alleging violations of the Worker Adjustment and Retraining Notification Act, also...more
On March 30, 2020, the U.S. Supreme Court declined to review a decision from the Seventh Circuit in Leeper v. Hamilton County Coal, LLC, No. 19-1109, which held that a layoff was temporary, and thus did not trigger the 60-day...more
Reducing your New Jersey workforce just became more expensive. On January 21, 2020, Governor Phil Murphy signed into law Senate Bill 3170. This bill radically expands employers’ advance notice and severance pay obligations...more
In Varela v. AE Liquidation, Inc. (In re AE Liquidation, Inc.), 866 F.3d 515 (3d Cir. 2017), the U.S. Court of Appeals for the Third Circuit became the sixth circuit court of appeals to rule that a "probability standard"...more
In a typical corporate transaction, the parties structure the deal as an asset purchase, whereby the buyer purchases essentially all of the company’s property, equipment, goodwill, customer lists, etc. If the asset purchase...more
A recent federal trial court decision out of Delaware, In re AE Liquidation, Inc. v. Burtch, No. 14-1492-LPS (D. Del. Mar. 31, 2016), illustrates how, even in the context of a very troubled business, the Worker Adjustment and...more
When are sister corporations considered a “single employer” under the Worker Adjustment and Retraining Notification Act (WARN Act)? And when are their worksites considered a “single site of employment”? ...more
The U.S. Court of Appeals for the Sixth Circuit recently clarified that when an employer provides notice to a group of workers that their employment will be terminated in the future, they do not suffer an immediate employment...more